CS for CS for SB 1686 First Engrossed (ntc) 20161686e1 1 A bill to be entitled 2 An act relating to telehealth; creating s. 408.61, 3 F.S.; creating the Telehealth Task Force within the 4 Agency for Health Care Administration; requiring the 5 agency to use existing and available resources to 6 administer and support the task force; providing for 7 the membership of the task force; requiring the task 8 force to compile and analyze certain data and to 9 conduct a comparative analysis of health insurance 10 coverage available for telehealth services and for in 11 person treatment; providing meeting requirements; 12 requiring the task force to submit a report to the 13 Governor and Legislature by a certain date; providing 14 for the repeal of the section; creating s. 456.51, 15 F.S.; authorizing certain licensed or certified health 16 care professionals to provide telehealth services; 17 defining the term “telehealth”; amending s. 636.202, 18 F.S.; excluding telehealth products from the 19 definition of “discount medical plan”; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 408.61, Florida Statutes, is created to 25 read: 26 408.61 Telehealth Task Force.— 27 (1) The Telehealth Task Force is created within the agency. 28 The agency shall use existing and available resources to 29 administer and support the activities of the task force under 30 this section. 31 (2) Members of the task force shall serve without 32 compensation and are not entitled to reimbursement for per diem 33 or travel expenses. The task force shall consist of the 34 following 21 members: 35 (a) The Secretary of Health Care Administration or his or 36 her designee, who shall serve as the chair of the task force. 37 (b) The State Surgeon General or his or her designee. 38 (c) Three representatives of hospitals or facilities 39 licensed under chapter 395; three representatives of health 40 insurers that offer coverage of telehealth services; two 41 representatives of organizations that represent health care 42 facilities; two representatives of long-term care services, one 43 from a nursing home and one from a home health agency or 44 community-based health services setting; and two representatives 45 of entities that create or sell telehealth products, all 46 appointed by the Secretary of Health Care Administration. 47 (d) Five health care practitioners, each of whom practices 48 in a different area of medicine, and two representatives of 49 organizations that represent health care practitioners, all 50 appointed by the State Surgeon General. 51 (3) The task force shall compile and analyze data and 52 information on the following: 53 (a) The frequency and extent of the use of telehealth 54 technology and equipment by health care practitioners and health 55 care facilities nationally and in this state. 56 (b) The costs and cost savings associated with using 57 telehealth technology and equipment. 58 (c) The types of telehealth services available. 59 (d) The extent of available health insurance coverage for 60 telehealth services. The task force shall conduct a comparative 61 analysis of such coverage to available coverage for in-person 62 services. The analysis must include: 63 1. Covered medical or other health care services. 64 2. A description of payment rates for telehealth services 65 and whether they are below, equal to, or above payment rates for 66 in-person services. 67 3. Annual and lifetime dollar maximums on coverage for 68 telehealth and in-person services. 69 4. Copayment, coinsurance, and deductible amounts; policy 70 year, calendar year, lifetime, or other durational benefit 71 limitations; and maximum benefits for telehealth and in-person 72 services. 73 5. Any unique conditions imposed as a prerequisite to 74 obtaining coverage for telehealth services. 75 (e) Barriers to implementing, using, or accessing 76 telehealth services. 77 (f) Consideration of opportunities for interstate 78 cooperation in telehealth. 79 (4) The task force shall convene its first meeting by 80 September 1, 2016, and shall meet as often as necessary to 81 fulfill its responsibilities under this section. Meetings may be 82 conducted in person, by teleconference, or by other electronic 83 means. 84 (5) The task force shall submit a report by June 30, 2017, 85 to the Governor, the President of the Senate, and the Speaker of 86 the House of Representatives which includes its findings, 87 conclusions, and recommendations. 88 (6) This section is repealed effective December 1, 2017. 89 Section 2. Section 456.51, Florida Statutes, is created to 90 read: 91 456.51 Telehealth.— 92 (1) A health care practitioner, a behavior analyst 93 certified under s. 393.17, a person certified under part III of 94 chapter 401, or a person certified under part IV or V of chapter 95 468 who is practicing within the scope of his or her license or 96 certification may provide telehealth services. A practitioner or 97 person who is not a physician, but who provides telehealth 98 services within the scope of his or her license or 99 certification, may not be considered to be practicing medicine 100 without a license. 101 (2) As used in this section, the term "telehealth" means 102 the use of synchronous or asynchronous telecommunications 103 technology by a health care practitioner, a behavior analyst 104 certified under s. 393.17, a person certified under part III of 105 chapter 401, or a person certified under part IV or V of chapter 106 468 to provide medical or other health care services, including, 107 but not limited to, patient assessment, diagnosis, consultation, 108 treatment, or remote monitoring; the transfer of medical or 109 health data; patient and professional health-related education; 110 the delivery of public health services; and health care 111 administration functions. 112 Section 3. Subsection (1) of section 636.202, Florida 113 Statutes, is amended to read: 114 636.202 Definitions.—As used in this part, the term: 115 (1) “Discount medical plan” means a business arrangement or 116 contract in which a person, in exchange for fees, dues, charges, 117 or other consideration, provides access for plan members to 118 providers of medical services and the right to receive medical 119 services from those providers at a discount. The term “discount 120 medical plan” does not include any product regulated under 121 chapter 627, chapter 641, or part I of this chapter, or any 122 telehealth product defined under s. 456.51, F.S. 123 Section 4. This act shall take effect July 1, 2016.